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Navigating Force Majeure in South African Contracts
Introduction Force majeure is a contract clause that frees both parties from liability or obligation when an extraordinary event or circumstance is beyond the parties' control. Examples of these events can be a war, strike, riot,...
Understanding Securities Registration and Transfer in South Africa
In South Africa, the registration and transfer of securities play a crucial role in the functioning of companies and the broader financial market. Governed by specific provisions outlined in the Companies Act, as well as the Financial Markets Act of 2012, the process...
Understanding Permanent vs Fixed Term Employment Contracts
Introduction Fixed term contracts play a significant role in the employment landscape, providing flexibility to both employers and employees. However, issues surrounding the expectations of permanent employment in the context of fixed term employment contracts have...
Employee vs. Independent Contractor Relationships
Introduction In the complex realm of employment relationships, the distinction between employees and independent contractors holds significant legal implications. This article aims to shed light on the nuanced nature of these classifications, the legal frameworks that...
Exploring Joint Ownership of Property in South Africa
Introduction In South Africa, being a property owner is a noteworthy accomplishment, and joint ownership adds complications that call for a thorough grasp of the legal ramifications. This article discusses several types of joint property ownership, the related legal...
Why Strategically Placed Contract Review is Critical to Having a Great Year!
Introduction Businesses should realise that their style and strategy as they relate to business relationships should not be confined to marketing material only, but to their contracts as well. Contracts are the compasses of many key relationships and therefore there...
Guardianship of Minor Children
In South Africa, the High Court holds the position of supreme guardian over all minor children. This is in line with the foundational principle of the South African Constitution that emphasizes the supreme importance of a child's best interests. Understanding the role...
Security Practices: Unlawful Detention & Legal Implications
Introduction: In a society grappling with heightened crime rates, particularly theft, the safeguarding of business premises becomes imperative. However, this vigilance often leads to the unjust profiling of patrons, raising concerns about arbitrary detentions. This...
Technology Dispute Resolution and Arbitration
Introduction Technology-related disputes are becoming increasingly common in South Africa, and traditional court-based dispute resolution mechanisms may not always be the most efficient or effective way to resolve them. Alternative dispute resolution (ADR) methods,...
Understanding Ex Parte Applications in South African Courts
Introduction In the realm of legal proceedings in South African courts, ex parte applications play a crucial role in seeking relief without involving the opposing party during the initial stages. This article aims to shed light on the circumstances under which ex...
Delinquent Directors and Directors on Probation
Introduction An application may be made to the court to declare a director delinquent or to be placed under an order or probation. A wide range of persons may apply to a court for the above order; these range from a company, a shareholder, a director, a company...
Safeguarding Consumer Rights: Defective Vehicle Purchases
Introduction: It's a common experience for the public to buy vehicles from dealers, only to discover issues later. Purchasing a used vehicle can either be a cost-saving venture or turn into an expensive nightmare. Consumer rights and remedies against deceptive dealers...
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